Submission to the Senate Ctte. on Charity Fundraising in the 21St Century

Submission to the Senate Ctte. on Charity Fundraising in the 21st Century

Background to the PFRA

The Public Fundraising Regulatory Association (PFRA) is the self-regulatory body for face to face fundraising in Australia. Face to face fundraising is one of a number of methods used by charities across Australia to generate funding. It provides significant funding that allows charities to provide vital services for local communities and to help solve some of the greatest global issues. Established in February 2015, the role of the PFRA is to make sure that the right balance is maintained between the duty of charities to ask for donations and the right of the public to experience high standards of behaviour from our members’ fundraisers.

The PFRA is a charity-led, membership-based association. Members include those charities that benefit from face to face fundraising and the professional fundraising suppliers that support charities in this work. A complete list of PFRA charity members is available as Annex B. The PFRA is governed by a Board of Directors elected PFRA members. The current members of the PFRA Board include senior fundraisers from Plan International, Australian Red Cross, and Peter MacCallum Cancer Foundation.

The PFRA is unique in the fundraising sector in that it is the only organisation that has been established specifically to regulate one type of fundraising and ensure compliance with a Standard. In addition to setting standards for face to face fundraisers, the PFRA rigorously checks that fundraisers comply with its Standard through a quality assurance program, as well as enforcing the Standard through a penalty, sanctions and remediation regime.

The PFRA has a role in the self-regulation of face to face fundraising only, and does not currently have a role in the self-regulation of other forms of fundraising such as cash collections, lotteries, raffles, commercial sales of charitable products or telephone fundraising. We are however, organisational members of the Fundraising Institute of Australia, and work closely with colleagues in many other organisations to promote higher standards in fundraising.

PFRA Responses to the Senate Committee’s Questions a. whether the current framework of fundraising regulation creates unnecessary problems for charities and organisations who rely on donations from Australian supporters;

The current regulatory framework for fundraising is fragmented across multiple states, each with different definitions of charitable appeals, operating conditions and varied registration and reporting requirements. Given that the majority of direct public fundraising is conducted by medium and large charities, most of which are either national or federated in structure, this presents a unique set of challenges for the country. While Australia would be considered a medium sized country in terms of population, it is regularly ranked in the top 10 globally in terms of donations as measured per capita. However, charities in Australia have to spend a disproportionate amount of time and money complying with the 8 different state and territory based regulatory systems on top of the federal requirements that come with DGR status, when compared to other countries such as the UK and New Zealand.

Recent research conducted by Deloitte, on behalf of the ACNC for example, would indicate for example that the total burden for complying with these myriad regulatory systems is over $15m a year.1 It should also be noted that most state regulations do not differentiate between types of charity, meaning that small and medium sized charities are likely to be disproportionately affected by the requirements and costs. In addition, the differing timescales for charitable appeals to be submitted and approved means that the ability of charities to respond quickly to emergencies (international, national or state) can be hindered by these requirements. For instance charities may be faced with a perverse situation, when attempting to raise funds to support communities affected by bush fires, that they can more easily raise funds from states than the state actually impacted.

Finally, for face-to-face fundraising there is an additional level of regulatory burden. Local councils in many states require additional permissions to use public spaces for street fundraising (approximately 80%) and in some cases also for door-to-door fundraising (around 50%). This effectively means that for an incredibly socially beneficial activity, charities are required to submit to three separate and different levels of government regulation – commonwealth, state and local. Plus, many also choose to submit to self-regulation (through the PFRA) to demonstrate their commitment to best practice and ethical fundraising.

1 Deloitte Access Economics; Australian Charities and Not-for-Profits Commission Cutting Red Tape: Options to align state, territory and Commonwealth charity regulation Final Report 23 February 2016

b. whether current fundraising laws meet the objectives that guided the decision to regulate donations;

Table 1: Comparison of State Fundraising Laws’ Statutory Objects

State/Territory Law Statutory Objects  To promote proper management and administration of collections;

Charitable  To ensure proper record-keeping and auditing of accounts for collections; ACT Collections Act

2003  To ensure that the public has access to information about collections.

 To promote proper and efficient management and administration of fundraising appeals for charitable purposes;

Charitable  To ensure proper keeping and auditing of accounts in connection with such appeals; New South Wales Fundraising Act

1991  To prevent deception of members of the public who desire to support worthy causes.

Northern Territory No Law N/A Collections Act Queensland No Statutory Objects 1966 Collections for South Australia Charitable No Statutory Objects Purposes Act 1939 Collections for Tasmania No Statutory Objects Charities Act 2001

 Transparency and public confidence in the fundraising industry and in not-for-profit organisations that conduct fundraising;

Fundraising Act  The protection of members of the public from whom money or a benefit is solicited for beneficial or benevolent Victoria 1998 purposes in the course of fundraising;

 The protection of the public interest in relation to fundraising.

Charitable Western Australia Collections Act No Statutory Objects 1946

As can be seen from the table above, only 3 of the seven states/territories with charity fundraising laws explicitly define the statutory objects of those laws. It is nonetheless relatively straightforward to infer from the laws in the remainder of states what those objects are, and they are broadly in line with ACT, NSW and VIC. Overall, the objectives of all fundraising law can be broadly placed in three groups: proper administration, clear accountability and public protection.

The traditional argument for state governments to require charities to register and then seek special permission to conduct appeals may be argued is because they have preferential or special status in terms of tax concessions. However, the main tax benefit for charities (that of Deductible Gift Receipt status) is granted by a commonwealth body, the ATO and the ACNC administers much of the bureaucratic apparatus to facilitate this and other governance requirements. This potentially weakens the argument that the benefits charities derive from their status necessitates an additional regulatory process of registration, reporting and permissions.

Indeed, the work ACNC has done in recent years to reduce double registrations and reporting is to be welcomed and we strongly encourage all states to participate in this process of red-tape reduction. All charities that are members of the PFRA are registered with the ACNC and as such must submit their audited accounts and annual report to that body. This would seem to raise questions as to why separate reporting regimes are required in each of the states as well, or why specific reporting on individual appeals is either required by state bodies or more importantly the citizens of those states.

Charities are already accountable to their donors and beneficiaries and produce significant amounts of information on their work, spending and impact. It could well be argued that this information, which is produced feely by charities to demonstrate the impact they are having in their area of work, is far more effective and useful for the public to determine whether the charity should command their trust and confidence, and therefore deserving of their donations.

The PFRA believes the regulation of charitable appeals are most properly a function of government when it seeks to reduce or mitigate two potential matters of public harm. First, and most importantly, to ensure that only legitimate charities (and their partners) are able to freely solicit donations through properly authorised appeals. The implicit counter to this objective being to prevent criminals from abusing the trust of the public and soliciting donations meant for genuine charities.

The second matter of public harm is to ensure that legitimate charities are operating in line with a core set of standards or behaviours when interacting with the public. This is to provide a high degree of assurance to the public that information provided is accurate and not misleading. All laws, and fundraising should be no different, should be judged on a clear public interest test. This constitutes two parts. One being a clear definition and assessment of the public benefit created by the activity seeking to be regulated. The other being a clear definition and accurate assessment of the public harm caused by the activity.

Using this tool, the public benefit as measured by total donations solicited is approximately $12.5 billion a year2. If we were to factor in the overall benefit to the Australian economy, some $140 billion a year, it is clear that the charity sector is a hugely important contributor to the social and economic well-being of the country.

Moving onto that public harm which is most easily defined and measured, that of preventing criminals diverting monies that would otherwise have gone to legitimate charities, the ACCC produces data each year on charity scams. They estimate that in 2017, there were 1146 fake charity reports lodged with them, only 10.6% of which led to a financial loss (equating to an annual of $313,563).

Measuring the public harm caused by charities potentially not being accurate in their statements when seeking support from the public is much harder to quantify. It doesn’t necessarily follow for example, that the money will be misused or used inappropriately. Indeed, the vast bulk of fundraising regulation has almost nothing to say on how charities should use donations, other than they should be applied to further their charitable purposes. The major focus of this body of law in terms of preventing public harm, is around who is fundraising and how they may fundraise. Both of which are more effectively dealt with through the ACL and self-regulatory compliance.

2 Philanthropy Australia http://www.philanthropy.org.au/tools-resources/fast-facts-and-stats/

c. whether current fundraising compliance regimes allow charities to cultivate donor activity and make optimal use of resources donors provide;

This leads us onto the next point, which is that the majority of fundraising laws and regulations in Australia are focussed on the registration and reporting of fundraising activity. The management and control of individual fundraisers is left primarily to self-regulatory associations such as the PFRA and the internal systems and controls put in place by individual charities and their partners. As such, the registration and reporting regimes of the different states vary considerable in terms of their effectiveness and usefulness. Effectiveness in respect of how well they reinforce the policy objectives of the state bodies charged with implementing the fundraising laws and regulations. And usefulness in terms of how well they facilitate broader policy objectives such as understanding of charities and support for philanthropy. d. the loss in productivity for the thousands of charities who try to meet the requirements of the seven different fundraising regimes;

Fundraisers are spending increasing amounts of time complying with statutory and non-statutory compliance requirements and less time on developing new and innovative ways to fundraiser. Please see Annex A for a full assessment of the scale of requirements. This effectively demonstrates the scope for loss of productivity caused by the current regimes.

A major issue that is often lost in the wider debate however is the significant role of local councils in issuing permits for street and door-to-door fundraising. Public fundraising of this kind is hugely important to charities - last year, almost 350,000 donors pledged their support to PFRA member charities. Over the past four years, some 1.2 million people have become charity donors after speaking to a public fundraiser. There are presently 536 local councils in Australia, the majority of whom have some form of permitting or permission based system for either street, door-to-door or both forms of fundraising. The systems across these councils vary considerably, as does the information required to be submitted and the processing and approval times.

Managing this vast system is extremely complex and many charities and fundraising agencies have staff members whose only job involves obtaining local council permissions. The PFRA has been working in recent years to establish Fundraising Management Agreements with willing councils so that we can carry out these services on councils’ behalf at no cost to them or local residents. By doing so, we are able to provide a more effective and efficient service to members whilst ensuring that local councils retain the power to determine how much fundraising takes place, and where, in their local area.

The first PFRA established almost 15 years ago in the UK has over 140 agreements in place with councils and PFRA New Zealand effectively manages all public fundraising sites across the whole country. PFRA Australia, as the newest of the three major Associations, has fewer at the moment but we are engaging with local councils and the Australian Local Government Association. However, support from the Commonwealth and State governments to accelerate this process so that we can create a single, online system for local permits would massively reduce administrative costs and processing times. We hope the Committee recognises the value of the proposal we wish to expand across the country and would be keen to engage further to discuss the practical steps needed to make this happen. e. whether the current frameworks for investigation and enforcement are the best model for the contemporary fundraising environment;

The current system is well past its use-by date, with much of the registration and reporting regimes designed for an era when online and digital trade and commerce had not even been conceived, let alone developed on the scale we now see in the world. The reporting regimes are often poorly constructed and do not allow charities to properly show how they fundraise and how the donations are received. The registration systems of many states are designed for one-off charitable appeals for cash or other physical donations. The kinds of long-term investments charities make in newer forms of fundraising, such as face-to-face fundraising are difficult to fit into the systems used by state regulators.

Nor is it even always clear why the information is being requested, how it will be used to either make policy or hold charities to account, or provided to the public in order to facilitate greater awareness of understanding. The overriding feeling of many of our members is that it a gigantic paper exercise yielding very little benefit to the public and simply costing charities significant sums of money and staff hours that could be better spent furthering their charitable objectives.

In response to this situation the PFRA has developed its own accreditation system, which assesses the key capabilities and capacities of our members across a range of different specialisms: Corporate Governance; Fundraiser Field Compliance; Protection & Use of Donor Data; Training & Skills; Fundraiser Engagement & Employment; and Preventing Fundraiser Fraud. This comprehensive system of checks ensures that PFRA members are operating at the highest possible standard of practice.

In terms of investigation and enforcement, the majority of the work currently being undertaken is by self- regulatory bodies such as the PFRA. We have an extensive quality assurance system that reinforces the accreditation programme outlined above. Each year, we conduct over 1000 fundraising location checks to ensure that the fundraisers working in those locations are meeting the PFRA Standard. The Standard is a simple, easy-to-use rule book for members that sets out an ethical and respectful way for charities and their agencies to conduct face-to-face fundraising.

If members of the PFRA are found to be breaking the PFRA, they can be issued with a breach notice. There are three levels of seriousness: A Level One breach incurs a 1 point penalty; a Level Two breach incurs a 2 point penalty; and a Level Three breach incurs an 8 point penalty. If a PFRA members accumulates 50 points in any given 6 month period, they are placed on Sanction Level 1. This requires them to complete a remediation plan, which details the systems they will put in place and what improvements they will make, in order to avoid future breaches.

However, if the member continues to breach the PFRA Standard and accumulates another 50 points in every next 6 month period, they will progressively make their way through the sanction levels until they hit Sanction Level 4. At this point, the member is referred to the Membership and Accreditation Committee, which will review their membership and has the ability to suspend or terminate their membership of the PFRA. This kind of activist model has proven to be the most successful, with PFRAs now established in the UK, France New Zealand and the USA and similar industry groups also practising self-regulation in Hong Kong, Austria and Germany.

In the past 6 months, the PFRA has terminated 4 members (Fresh Pathways, WAYS Fundraising, NGO Fundraising and Rise Fundraising) for their inability to maintain adherence to the conditions of membership. All 4 members have subsequently gone into administration, which is an indication that membership of the PFRA is now considered to be a pre-requisite for the vast majority of charities. By robustly enforcing our standards we are seeing a steady improvement in fundraiser behaviour, which will translate into greater public trust and confidence. f. how Federal, State and Territory Governments could work together to provide charities with a nationally-consistent, contemporary and fit-for-purpose fundraising regime;

The PFRA believes that there is a straightforward way to create a new system that is stronger, simpler and smarter than the current one. First, the Australian Consumer Law provides a universally applicable framework to govern charitable fundraising in the country. In December 2017 the ACCC, in conjunction with all 8 state/territory consumer bodies3 produced guidance on the applicability of the ACL to charitable fundraising through the sector group CAANZ (Consumer Affairs Australia and New Zealand). This guidance provided helpful clarity to both our members and wider fundraising sector on how the ACL may be applied to charity fundraising. We provide further details on this matter at h) below.

Second, the PFRA’s active compliance and enforcement model can be applied across multiple forms of fundraising beyond just face-to-face fundraising. A genuine co-regulatory system, with the self- regulatory ‘part’ of the system covering the bulk of the enforcement and reporting requirements, has far greater potential than the current system. Improvements in information gathering and intelligence sharing could see self-regulators referring the most serious cases to state regulators while dealing with the bulk of low-level compliance activity itself. Where criminals and fraudsters are identified, improved intelligence sharing between states (and with the ACCC) would reduce the freedom of movement of these people. It would be crucial to ensure FIA, and its Code of Conduct, was also part of any discussions in this area.

Third, creation of a new ‘Australian Fundraising Standard’ to cover many of the specific requirements found in the state fundraising laws, but unified and aligned to achieve a more effective and better understood framework can be achieved. The PFRA Standard has already proven itself as an extremely

3 Access Canberra, Consumer Affairs Victoria, Consumer and Business Services SA, Building & Occupational Services Tasmania, NSW Fair Trading, Queensland OFT and WA Department of Commerce & Consumer Protection.

effective compliance tool and its applicability to different types of fundraising could be explored in partnership with the ACNC, ACCC and state consumer affairs regulators. We strongly emphasise however that our support for a new Australian Fundraising Standard is contingent on repeal of state laws. Any further regulatory burden on top of existing requirements could not, we believe, be justified. g. the appropriate donor-focused expectations and requirements that should govern fundraising regulation in the 21st century;

The PFRA believes that donors’ expectations are that transparency and accountability of charities is of paramount importance. But this is rarely effectively delivered through the current ‘mish-mash’ of laws, regulations and requirements. A single framework and benchmark for information provided to donors and information provided to government would be a far effective vehicle for donors and the wider public to judge the effectiveness and impact of charities. h. how the Australian consumer law should apply to not-for-profit fundraising activities;

The underlying principles and application of the ACL means it requires all fundraising be conducted in a manner that is ‘open, transparent, truthful and fair’. In addition, the specific prohibition against fundraising that is misleading, deceptive or unconscionable means the main ways in which fundraising could harm the public interest are comprehensively covered in the ACL.

The ACL provides that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive (s.18). The PFRA upholds this requirement in a self- regulation capacity through its Standard, which is based upon the following principles:

 To Serve Beneficiaries: We fundraise in order to meet the needs of the individuals, communities and causes that our members serve. The money we raise is providing vital support for communities across Australia and the world.

 Integrity and Honesty: Our fundraising will be based on honesty and our actions will be consistent with our stated principles.

 Transparency: We will explain our fundraising clearly and openly to all those who are involved in our work.

 Respect: We will respect our donors, the people we converse with, the public we interact with, the environment we work in, the authorities we work with and the fundraisers who inspire our donors to give.

 Lawfulness: We will act in a lawful manner, ensuring that we are aware of the legal requirements that apply to our work and we will comply with all lawful instructions.

The PFRA Standard also requires that fundraisers must never mislead a member of the public or use false information in a conversation in an attempt to obtain a donation (2.4.2). Furthermore, State and Territory charitable fundraising laws impose requirements upon fundraisers prohibiting charities and third-party commercial fundraisers from making false and misleading representations in respect of their fundraising activity, so as to protect donors from being deceived. For example, in New South Wales the Authority Conditions prescribed by Fair Trading require communication connected with a fundraising appeal to be based on fact and not be false or misleading (s.14(1)(c)), and that a person conducting or participating in a fundraising appeal must use their best endeavours to answer honesty any question in relation to the purpose of the appeal or the details or the appeal (s.14(3)).

Many of the individual state-based fundraising laws have detailed provisions on micro-elements of fundraising. The ACL effectively creates a macro-structure for the regulation of fundraising, whilst not removing ultimate state control over how the ACL is enforced in their respective jurisdiction. When examining a selection of specific examples from the state laws, it becomes clear that many would fall under the broader umbrella of legal cover provided by the ACL.

Nevertheless, the PFRA submits that on the basis of the legislative intent of this general protection, the face to face fundraising sector is required to comply with not dissimilar provisions under State and Territory charitable fundraising laws. This is the case in respect of the agreements entered into between a donor and a charity, insofar as certain conditions must be upheld. For example, all jurisdictions require

that pledge forms disclose the purpose for which funds are being collected, and include clear reference to the amount an individual has committed to donate. The nature of an ongoing donation agreement with a charity is also ‘low risk’ to a donor, as they are able to opt out at the time of their choosing. i. what are the best mechanisms to regulate third party fundraisers and to ensure the culture of third party fundraisers matches community perceptions of the clients they work with;

Enhanced self-regulation, such as that demonstrated by the PFRA’s newly launched accreditation scheme is one of the most effective ways to ensure third-party fundraisers are operating in a way consistent with community perceptions. The time, attention and focus that can be provided by a dedicated self-regulatory body such as the PFRA will always be greater than that of state or federal regulators. This is inevitable given the many competing pressures on such public bodies. In addition, self-regulation is funded by the regulated and not the taxpayer. We are able to provide a highly effective degree of support to members’ activities while not requiring any public money. Accreditation provides a thorough and robust measure of members’ capabilities and assesses their ability to consistently meet the PFRA Standard. j. whether a harmonised, contemporary fundraising regime could help in addressing concerns about the potential influence of foreign money on civil society and political debate in Australia;

PFRA does not have a view on this matter. k. the cost to the charity and not-for-profit sector, and the communities they serve, of postponing fundraising reform; and

There are two cost related matters. One, as set out above, is that charities are spending more on regulation and compliance than they need to or than is really justified by the potential public harm they may potentially cause, which is marginal. This is money that obviously could be better spent on delivering new and better services to communities across Australia and internationally. The second, more intangible cost, is that the current system does not actually deliver a particular good level of transparency (both in terms of accurate and quality data). This means the information required of charities is not data that evidence and research suggests forms part of the public’s determination when choosing which charities to donate to. Our members are committed to meaningful and positive reform that supports and facilitates ethical fundraising, while deterring and stopping illegal and illegitimate fundraising, in a way that the current system struggles to achieve. We look forward to providing further evidence and support to the Committee in its important work and we sincerely hope that after many, many years of discussion on this topic that real and lasting reform is possible. l. any other related matters.

PFRA does not have any additional comments.

APPENDIX A: State Fundraising Laws Gap Analysis

Context: The current Senate Committee inquiry has raised questions for the sector about the future of fundraising regulation in Australia. Some interest groups have suggested that state and territory fundraising laws be repealed, as fundraising is already covered by the ACL. While the PFRA strongly agrees that some broad principles-based provisions of the ACL can apply to fundraising, it also notes that there are regulatory requirements within existing state and territory laws that are important to the operational practice of face to face fundraising, and should be preserved in some capacity, preferably through a new Australian Fundraising Standard that is jointly enforced by self-regulatory bodies such as the PFRA and the state based consumer regulators.

Purpose: The PFRA has conducted a ‘gap analysis’ of fundraising laws and regulations in the three states with the greatest amount of fundraising (NSW, Vic and Qld), compared against the Australian Consumer Law, set out at Schedule 2 of the Competition and Consumer Act 2010 (Cth). This gap analysis is undertaken by jurisdiction and sets out which provisions should be retained, and why, within an Australian Fundraising Code. It also identifies where an existing provision is currently replicated (in principle) under the ACL or under the PFRA’s self-regulatory regime.

New South Wales (Charitable Fundraising Regulation 2015 under Charitable Fundraising Act 1991)

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? Charitable Fundraising Regulation 2015 Part 2, Clause 13: Identification of Identification of face to No – there is Yes – the PFRA Face to Face PFRA requirement informed face to face collectors face fundraisers adds no Fundraising Standard requires at 2.3.2 by legislation and permit 13(1) While participating in a fundraising legitimacy to activity, identification that: Fundraisers must always wear the condition requirements appeal, a face to face collector must contributing to public trust requirement for prescribed identification badge and have pertaining to identification; prominently display any identification and confidence; also aids face to face this clearly visible to the public on their Standard would require card of badge that has been issued to identification when making fundraisers torso while working. Unless otherwise minor amendment if no the person in compliance with a a complaint under the specified by legislation or permit such requirements under condition of the authority to conduct the existing ACL conditions, this badge must contain at state/territory law appeal least: i) A recent photo of the fundraiser ii) Fundraiser name iii) Charity name and logo iv) The words “Paid Collector” v) Charity contact information vi) agency name Part 3, Clause 17: Conditions of authority (see Charitable fundraising authority conditions) Part 1: General Conditions - 1. Foundation principle No – there is No – the PFRA Face to Face PFRA has limited Internal controls underpinning the no specific Fundraising Standard does not contain constitutional remit to Proper and effective controls must be management of all face to requirement any specific requirement however regulate financial exercised by an authorised fundraiser face fundraising appeals regarding General Principles (1.1) ‘Integrity and management of face to face over the conduct of all fundraising fundraising Honesty’ and ‘Transparency’ are fundraising appeals appeals, including accountability for the controls relevant however ACNC and FIA gross income and all articles obtained may have roles here from any appeal and expenditure incurred. 9. Record systems for items used in This requirement assists to No – there is No – the PFRA Face to Face The PFRA could fundraising appeals ensure identification no specific Fundraising Standard does not contain incorporate such a A record system must be instituted and badges are appropriately requirement any requirement for the management of requirement into its maintained for: distributed and managed, regarding the identification badges Standard (1) all identification cards or badges preventing loss and use of record issued to participants in a fundraising systems for

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? appeal, by which a number assigned to mitigating against identification and shown on each card or badge is fraudulent use badges correlated with the name of the person to whom it was issued, the date of issue and the date it was returned 10. Persons conducting or No fundraising activity on No – the ACL Yes (in part) – the PFRA Face to Face The PFRA could participating in a fundraising appeal behalf of a charity can be does not Fundraising Standard requires at 2.3.2 incorporate additional on behalf of an authorised fundraiser undertaken without that contain a that: Fundraisers must always wear the requirements into its (2) The authorisation given by an charity’s authorisation; this requirement for prescribed identification badge and have Standard pertaining to authorised fundraiser to a member, is to ensure the fundraising fundraising this clearly visible to the public on their identification badges, employee or agent who participates in a activity is carried out activity to be torso while working. Unless otherwise including: fundraising appeal as a face-to-face lawfully (not fraudulently) authorised specified by legislation or permit Consecutive numbering collector must: and in accordance with the conditions, this badge must contain at Where fundraiser is (a) be in the form of an identification card charity’s instructions. It is least: i) A recent photo of the fundraiser paid, inclusion of the or badge, and important that this ii) Fundraiser name iii) Charity name and words “paid collector” (b) be consecutively numbered, and authority is written and not logo iv) The words “Paid Collector” v) Issue and expiry dates (c) include the name of the authorised verbal, as it can be Charity contact information vi) agency Signature of charity fundraiser and a contact telephone produced upon request name. Because the PFRA relies upon and/or agency number, and (ensuring transparency for reference to specified legislation or Return requirements (d) include the name of the face-to-face donors). This commonly permit conditions, it does not duplicate collector, and takes the form of an existing requirements. (e) if the face-to-face collector receives a identification badge. wage, commission or fee for services, the identification card or badge must include the words “paid collector” and the name of the collector’s employer, and (f) indicate its issue and expiry dates, and (g) be signed and dated by the authorised fundraiser (or a delegate of

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? the authorised fundraiser or its governing body, and (h) be of sufficient size to ensure that the particulars on it may be easily read by members of the public, and (i) be recovered by the authorised fundraiser from the face-to-face collector as soon as the face-to-face collector’s authorised involvement in the appeal is ended. 14. Advertisements, notices and This is intended to ensure Yes – the ACL Yes – the PFRA requires at 2.4.2 that: The application of 2.4.2 in information prospective donors are not includes a Fundraisers must never knowingly the PFRA Standard could (1) Any advertisement, notice or misled or deceived nor prohibition mislead a member of the public or use be expanded so as not to information provided as part of a offended; it supports against false information in a conversation in an be limited to ‘conversation’, fundraising appeal must: transparency and misleading or attempt to obtain a donation as it is presently (a) clearly and prominently disclose the truthfulness when deceptive name of the authorised fundraiser, and advertising conduct (b) not be reasonably likely to cause (s.18(1)) offence to a person, and (c) be based on fact and must not be false or misleading. 14. Advertisements, notices and This is intended to ensure Yes (in part) – Yes (in part) – the PFRA Standard The PFRA’s Standard could information prospective donors are not the ACL requires at 2.4.2 that: Fundraisers must be amended to include (2) A person conducting or participating misled or deceived when includes a never knowingly mislead a member of explicit reference to in a fundraising appeal must use his or receiving information prohibition the public or use false information in a providing information about her best endeavours, at all times, to verbally, and that they against conversation in an attempt to obtain a how gross fundraising answer honestly any question directed to receive access to misleading or donation. It is requires adherence to income will be distributed, the person in relation to the purpose of information upon request deceptive General Principles (1.1) including upon request the appeal or the details of the appeal, or conduct ‘Integrity and Honesty’ and to arrange to find answers to questions (s.18(1)), ‘Transparency’. Additionally, the PFRA that he or she is unable to answer. In however does Standard particular, if it is requested, information is not include any

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? to be given as to how the gross income requirement and any articles obtained from the regarding appeal will be distributed and on the access to other matters referred to in sub- information paragraphs (3)(a) and (4). (3) If a fundraising appeal is jointly This is intended to ensure No – the ACL Yes – the PFRA Standard requires at The PFRA’s Standard could conducted with a trader, the following prospective donors is silent on the 2.3.1 that: Where not otherwise be amended to include the additional requirements must be understand they are being engagement of prescribed by law, fundraisers must following disclosure complied with: solicited by a third-party third-party provide donors with a written disclosure information: (a) any written or printed advertisement, fundraiser (agency) and fundraisers that fees are paid to a named Full name of trader notice or information must include: have visibility of the when soliciting commercial fundraising organisation Telephone and website (i) the full name under which the trader income they receive for donations and (this disclosure is typically made on a address of trader or person operates for purposes of the providing their services, as as such charity’s ‘pledge form’, which is provided Whether the appeal is appeal, and this may influence their imposes no to donors) of limited duration (ii) the telephone number and the decision to donate related (commencement and website address of the trader or person, requirements end date) or an ongoing and appeal (to include the (iii) the benefit to be received by the words “this is an authorised fundraiser must be expressed ongoing appeal”) as a percentage of the gross proceeds of The PFRA also the appeal or an actual dollar amount recommends the inclusion (the disclosure cannot be expressed as of PFRA contact information a percentage of the “net” income of the should a donor or appeal or a percentage of the prospective donor be “wholesale” price of a product), and unable to resolve a (iv) the benefit to be received by the complaint directly with the trader or business from the appeal must charity. be expressed as a percentage of the gross proceeds of the appeal or an actual dollar amount (the disclosure cannot be expressed as a percentage of the “net” income of the appeal), and

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? addition, variation or deletion of an existing condition of the authority, (l) the circumstances in which the contract is or may be terminated. 22. Complaint handling mechanism This ensures the No – the ACL No – the PFRA Standard does not The PFRA Standard could The authorised fundraiser must provide accountability of those does not require its members to have a complaint be expanded to include a mechanism that will properly and fundraising to effectively require a handling mechanism in place. However, explicit reference to effectively deal with complaints made by manage complaints when complaint it requires notification of complaints at members’ complaint members of the public and grievances they arise. It also allows handling 2.4.18 where: Fundraisers must notify handling processes, and from employees in relation to its for the identification and mechanism (for their Team Leader or Manager of any outlining a process for fundraising activities. proactive management of charities, complaint or incident alleging a breach escalation to the PFRA for any complaint or incident commercial of this Standard or otherwise likely to management. In practice, likely to bring face to face third-party bring face to face fundraising in all charities have a fundraising into disrepute. traders nor any disrepute. And at 2.4.19, where: complaint handling process; other entity) Members must notify the PFRA of any this could also be required complaint or incident alleging a breach of fundraising agencies. of this Standard or otherwise likely to bring face to face fundraising in disrepute which has been raised by a local authority, state government, business association or other body which the PFRA has responsibility for engaging with. Charitable Fundraising Act 1991 Meaning of “fundraising appeal” In the context of the No - the ACL Yes – the PFRA Standard defines face The PFRA recommends a 5. (1) For the purposes of this Act, the current ACL Review, the does not to face fundraising as “the practice of definition of face to face soliciting or receiving by any person of PFRA considers it useful if presently approaching a member of the public fundraising be formally any money, property or other benefit fundraising activity is provide a either in the street, at their residence, or recognised under a co- constitutes a fundraising appeal if, clearly defined; it definition of at commercial premises with the primary regulatory regime and that before or in the course of any such specifically recommends a fundraising purpose of seeking an ongoing donation the distinction between a soliciting or receiving, the person definition that clearly activity through a bank or credit card direct donor and consumer be represents: differentiates between a debit.” preserved under the ACL

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? (a) that the purpose of that soliciting or donor and consumer (to ensure the continued receiving; or (namely, that soliciting exemption for donations (b) that the purpose of an activity or donations is not ‘in trade or under the Unsolicited enterprise of which that soliciting or commerce’, irrespective of Consumer Agreement receiving is a part, is or includes a the fundraiser provisions). It is imperative charitable purpose. that any definition is flexible enough to allow for change in a fluid, dynamic environment and believes self-regulation is well positioned to deliver this. Conducting unlawful fundraising The PFRA considers the No – the ACL Yes (in part) – the PFRA Standard The PFRA recommends offence unless the person: concept of ‘authorisation’ does not requires at 2.1.1 that member that unlawful fundraising 9. (1) A person who conducts a to be significant. One must include any organisations and their fundraisers must continue to be treated as an fundraising appeal is guilty of an offence be authorised to undertake fundraising comply with: i) All current fundraising offence under any future unless the person face to face fundraising to authority legislation and regulations. Therefore, regulatory regime; this will (a) is the holder of an authority provide members of the requirements conducting unlawful fundraising is only require the concept of authorising the person to conduct the public with confidence in an offence where provided for under ‘authorisation’ be retained appeal; or the legitimacy of the current fundraising legislation and (with the authoriser a (b) is a member of an organisation, or an activity. It also goes some regulations. registered charity). employee or agent of a person or way in achieving organisation, that holds such an consistency in fundraiser authority and is authorised, by the behaviour, where a person or organisation that holds the uniform standard is authority, to conduct the appeal; or required under a system of (c) is authorised under subsection (3) to authorization. conduct the appeal without an authority. False statements etc. This is intended to ensure Yes – the ACL No – while the PFRA requires at 2.4.2 The PFRA Standard could 13. (1) A person who: fundraising applicants do includes a that: Fundraisers must never knowingly be expanded to include (a) in an application or notice made or not make any false prohibition mislead a member of the public or use such a requirement given under this Act; or representations in the against false information in a conversation in an prohibiting false statements; course of the regulatory misleading or attempt to obtain a donation, it does not

Existing provisions for retention Justification for ACL coverage Self-regulatory coverage Comment Which existing provisions are retention Does the ACL Does the existing self-regulation regime operationally important to the practice of Why is the provision presently for face to face fundraising address the face to face fundraising? significant? address the matter? matter? (b) in any record or document relating to engagement/administrative deceptive specifically include a requirement it may also consider a a fundraising appeal, makes any management of their conduct prohibiting false or misleading disclosure membership vetting process statement that the person knows, or fundraising appeal (s.18(1)) in relation to the provision of could reasonably be expected to know, membership and ongoing compliance is false or misleading in a material information particular is guilty of an offence. Proceeds of appeal Members of the public Yes (in part) – No – the PFRA Standard does not The PFRA Standard could 20. (1) Any money or benefit received in have a reasonable while the ACL currently include a requirement that be expanded to include the course of a fundraising appeal expectation that any does not money raised be applied according to such a requirement, unless conducted by the holder of an authority donation they make will be include an the fundraiser’s disclosed objects or otherwise prescribed by is to be applied according to the objects applied in a manner that is equivalent purposes ACNC or under FIA Code/s or purposes represented by or on behalf consistent with the provision, it of the persons conducting the appeal as purpose for the fundraising prohibits the purposes or objects of the appeal. activity as disclosed at the misleading or time of the donor’s deceptive engagement; it is therefore conduct in support of public trust (s.18(1)) and confidence that this be (which would an enforceable prohibit a requirement fundraiser making false representations about how funds would be applied) Keeping of records Members of the public No – the ACL No – the PFRA Standard does not The PFRA Standard could 22. (l) A person or organisation that have a reasonable does not provide that records should be kept in be expanded to include conducts or has conducted a fundraising expectation that their provide that relation to fundraising appeals such a requirement, unless appeal must keep, in accordance with donations are records should otherwise prescribed by this section, records of income and appropriately managed, be kept in ACNC or under FIA Code/s expenditure in relation to each such including through accurate relation to appeal. record keeping

Victoria (Fundraising Regulations 2009 under Fundraising Appeals Act 1998)

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation important to the practice of face to face Why is the provision Does the ACL regime for face to face fundraising fundraising? significant? presently address the matter? address the matter? Fundraising Appeals Act 1998 Section 7 - false statements while This is intended to Yes – the ACL Yes – the PFRA requires at 2.4.2 The application of 2.4.2 in the PFRA seeking donations ensure prospective includes a that: Fundraisers must never Standard could be expanded so as (1) In conducting or participating in a donors are not prohibition knowingly mislead a member of the not to be limited to ‘conversation’, fundraising appeal, a person must not make misled or deceived against public or use false information in a as it is presently or give any representation or oral or written nor likely to be misleading or conversation in an attempt to statement in relation to the appeal to misled or deceived; it deceptive obtain a donation another person that misleads or deceives, supports conduct or that is likely to mislead or deceive— transparency and (s.18(1)) (a) the other person; or truthfulness when (b) anyone else to whom the other person fundraising may make, repeat or give the representation or oral or written statement. Section 9 - identification badges for Identification of face No – there is Yes – the PFRA Face to Face PFRA requirement informed by collectors to face fundraisers no Fundraising Standard requires at legislation and permit condition adds legitimacy to identification 2.3.2 that: Fundraisers must requirements pertaining to (1) If a person is in the course of conducting activity, contributing requirement always wear the prescribed identification; Standard would or participating in a fundraising appeal— to public trust and for face to face identification badge and have this require minor amendment if no such confidence; also aids fundraisers clearly visible to the public on their requirements under state/territory (a) in a public place; or identification when under the torso while working. Unless law making a complaint; existing ACL, otherwise specified by legislation or identification of third- including in permit conditions, this badge must (b) on the premises of a person from whom party fundraisers is relation to the contain at least: i) A recent photo of money or a benefit is being solicited or also important (using engagement the fundraiser ii) Fundraiser name received without the prior invitation of that the words “paid of third-party iii) Charity name and logo iv) The latter person— collector”) to ensure fundraisers words “Paid Collector” v) Charity members of the contact information vi) agency public understand name. The PFRA Standard also they are not being requires at 2.3.1 that: Where not

(a) prominently displays the words "Paid Collector" if the person to whom it is issued is entitled, or expects, to be paid for participating in the appeal (other than for out-of-pocket expenses) Section 15A - Direct debit request form This is intended to No – there is No – the PFRA Standard does not The PFRA Standard could be A person who conducts a fundraising ensure people enter no currently include any requirement expanded to include requirements appeal must ensure that any form used for into direct debit requirement pertaining to direct debit request pertaining to direct debit request the purposes of the appeal to enable arrangements in a under the forms, however refers to the forms, where not otherwise required donation using direct debit facilities by a manner that is existing ACL, principle of ‘transparency’ which under state or territory fundraising person from whom money is solicited— clearly in relation to includes a requirement to explain laws, or by members’ banks and (a) is easily legible; and communicated, i.e. direct debit fundraising clearly and openly financial services legislation (if so, (b) to the extent that it is printed or typed, in full awareness request forms the duplication is unnecessary). uses a minimum 10 point font; and or fundraising (c) is clearly expressed. appeal forms more generally Section 17A – Fundraisers must be No fundraising No – the ACL Yes (in part) – the PFRA Face to The PFRA could incorporate registered activity can be does not Face Fundraising Standard additional requirements into its undertaken without contain a requires compliance with existing Standard pertaining to the process authorisation; it is requirement state and territory fundraising laws by which third-party fundraisers

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation important to the practice of face to face Why is the provision Does the ACL regime for face to face fundraising fundraising? significant? presently address the matter? address the matter? important some for fundraising at 2.1.1; because the PFRA relies receive authorisation by charities to … a person must not conduct a fundraising element of ‘authority’ activity to be upon reference to specified undertake face to face fundraising appeal unless she or he is registered by the be imposed upon authorised legislation or permit conditions, it activity. The PFRA may consider Director as a fundraiser. face to face does not duplicate existing accreditation and/or licensing fundraising activity, requirements; further thought options in the context of its member so as to legitimate needs to be given to how face to registration process to ensure the activity and to face appeals are ‘authorised’ mandatory, uniform registration of ensure members of should state and territory laws be fundraisers in Australia under a self- the public can place repealed; the PFRA suggests regulation regime. their trust and authorisation is granted in confidence in conjunction with charitable fundraising activity registration (through the ACNC); when it occurs – this with registered charities given the also mitigates right to authorise third-party against fraudulent fundraisers to conduct face to face fundraising activity fundraising appeals on their behalf (with no formal regulatory mechanism for doing so) Section 26 - Proceeds may only be given Members of the No – the ACL No – the PFRA Standard does not The PFRA Standard could be to beneficiaries public have a does not currently include a requirement that expanded to include such a reasonable include a money raised may only be given to requirement, unless otherwise (1) A person conducting a fundraising expectation that any requirement beneficiaries prescribed by ACNC or under FIA appeal must not give, and must not donation they make that Code/s authorise or permit any other will be given to the fundraising person to give, any of the net beneficiaries, proceeds may proceeds of the appeal to any reference to whom is only be given person, cause or thing who is not a ordinarily made in to beneficiary of the appeal, unless the course of beneficiaries otherwise permitted by the Director conducting an appeal for support

Fundraising Regulations 2009 7 Identifying badges Identification of face No – there is Yes – the PFRA Face to Face PFRA requirement informed by (1) A person who issues an identifying to face fundraisers no Fundraising Standard requires at legislation and permit condition badge under adds legitimacy to identification 2.3.2 that: Fundraisers must requirements pertaining to section 9(2) of the Act must ensure that the activity, contributing requirement always wear the prescribed identification; Standard would badge to public trust and for face to face identification badge and have this require minor amendment if no such prominently displays— confidence; also aids fundraisers clearly visible to the public on their requirements under state/territory (a) the name of the person conducting the identification when under the torso while working. Unless law fundraising appeal; and making a complaint existing ACL otherwise specified by legislation or (b) the name of the person to whom the permit conditions, this badge must badge is contain at least: i) A recent photo of issued the fundraiser ii) Fundraiser name iii) Charity name and logo iv) The words “Paid Collector” v) Charity contact information vi) agency name 7(4) If a person issues more than one This requirement No – there is No – the PFRA Face to Face The PFRA could incorporate such a identification number for the purposes of assists to ensure no specific Fundraising Standard does not requirement into its Standard subregulation (1)(c)— identification badges requirement contain any requirement for the (a) the identification numbers issued must are appropriately regarding the management of identification be sequential; and distributed and use of record badges (b) the person must— managed, preventing systems for (i) make a record of each identification loss and mitigating identification number issued and the person to whom against fraudulent badges it relates… use

Queensland (Collections Regulation 2008 under Collections Act 1966)

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation regime important to the practice of face to face Why is the provision Does the ACL for face to face fundraising address the fundraising? significant? presently matter? address the matter? Collections Regulation 2008 18 Appeals for support This requirement No – there is No – the PFRA Face to Face The PFRA could incorporate (1) The governing body of an association assists to ensure no specific Fundraising Standard does not contain such a requirement into its proposing to make a door-to-door appeal or identification badges requirement any requirement for the management of Standard street collection, or a person authorised by are appropriately regarding the identification badges however it does the governing body, must issue to each distributed and use of record require fundraisers to wear the collector a distinctive armlet or badge (an managed, preventing systems for prescribed identified badge (2.3.2). association armlet or badge), and an loss and mitigating identification authority in the approved form. against fraudulent badges use (2) The governing body of the association must keep a record of each person to whom it issues an association armlet or badge. (3) A person other than the person to whom an association issues an association armlet or badge must not use an association armlet or badge. No fundraising No – the ACL Yes (in part) – the PFRA Face to Face The PFRA could incorporate 18 (4) A collector to whom an activity on behalf of a does not Fundraising Standard requires at 2.3.2 additional requirements into association armlet or badge, or charity can be contain a that: Fundraisers must always wear the its Standard pertaining to authority is issued must— undertaken without requirement prescribed identification badge and have identification badges, (a) sign the written authority that charity’s for fundraising this clearly visible to the public on their including: and produce it if a police authorisation; this is activity to be torso while working. Unless otherwise Consecutive numbering officer, inspector or other to ensure the authorised specified by legislation or permit Issue and expiry dates person asks to see it during fundraising activity is conditions, this badge must contain at Signature of charity the collection; and carried out lawfully least: i) A recent photo of the fundraiser and/or agency (not fraudulently) and ii) Fundraiser name iii) Charity name and Return requirements in accordance with logo iv) The words “Paid Collector” v)

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation regime important to the practice of face to face Why is the provision Does the ACL for face to face fundraising address the fundraising? significant? presently matter? address the matter? 35 Advertising This is intended to No – the ACL No – the PFRA Standard does not The PFRA’s Standard could A person must not distribute a leaflet or ensure prospective is silent on the include any requirements pertaining to be amended to ensure some publish an advertisement about an appeal for donors receive engagement of disclosure in advertising generally, disclosure information was support the subject of an agreement under necessary fundraising however 2.3.1 of the Standard requires applied to all forms of section 33 unless— information about the advertising that: Where not otherwise prescribed by advertising, even if limited to (a) the leaflet or party/parties requirements law, fundraisers must provide donors the name and address of the advertisement contains the conducting a with a written disclosure that fees are promoter of the appeal and following— fundraising appeal, paid to a named commercial fundraising the charity, and a statement particularly where organisation (this disclosure is typically summarising the (i) the name and they are being made on a charity’s ‘pledge form’, which arrangement in place address of the solicited by a third- is provided to donors) promoter of the party fundraiser appeal and the (agency), as this may charity or influence their association; decision to donate (ii) a statement showing particulars of the arrangements made under the agreement about the beneficial entitlements of the promoter and the charity or association 41 False advertising This is intended to Yes – the ACL Yes – the PFRA requires at 2.4.2 that: The application of 2.4.2 in the (1) A person must not falsely represent in an ensure prospective includes a Fundraisers must never knowingly PFRA Standard could be advertisement that the person is conducting donors are not prohibition mislead a member of the public or use expanded so as not to be an appeal for support on behalf of a charity misled or deceived; it against false information in a conversation in an limited to ‘conversation’, as it or association, unless the person is supports misleading or attempt to obtain a donation is presently

(2) A person must not, in an advertisement relating to an appeal for support on behalf of a charity or association, make a statement or representation that is false in a material particular. Schedule 1 – additional conditions for Members of the No – the ACL Yes – the PFRA Standard includes a The PFRA believes its door-to-door and street collections public reasonably does not requirement that door to door fundraisers Standard appropriately expect that face to include any must not enter a private dwelling (2.2.6), reflects the intention of this (7) A collector must not— face fundraising is requirements must immediately end a conversation provision (a) by words or conduct, undertaken in a in respect of with a member of the public as soon as unreasonably annoy any manner that is the conduct of they are requested to do so (2.4.10) and person approached during a friendly, professional face to face must not attempt to follow or comment to collection; or and respectful; fundraisers a member of the public once a (b) stay in, or at the door of, ensuring appropriate conversation has ended (2.4.11) any place of residence or protections are in place of employment if place to avoid asked to leave by any annoyance are occupant of the place. imperative (8) A collector must not intimidate any As above, members Yes - Yes - the PFRA Standard requires The PFRA Standard could be person so as to cause the person to make a of the public have an the ACL provi fundraisers not behave in a way that amended to include express donation or buy anything the person expectation that they des that a might be reasonably interpreted as reference to “intimidation” otherwise may not have made or bought. will be not be person (which forcing a member of the public to enter a intimidated, or includes a conversation against their will (2.4.7) and coerced into making corporation) prohibits fundraisers intentionally a donation must not approaching a member of the public who engage appears to be vulnerable (2.4.12)

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation regime important to the practice of face to face Why is the provision Does the ACL for face to face fundraising address the fundraising? significant? presently matter? address the matter? in conduct that is unconscionabl e (s.21) Collections Act 1966 10 Conducting of unlawful appeals for No fundraising No – the ACL Yes (in part) – the PFRA Face to Face The PFRA could incorporate support activity can be does not Fundraising Standard requires additional requirements into (1) No person shall make or cause to be undertaken without contain a compliance with existing state and its Standard pertaining to the made or assist in making any appeal for authorisation; it is requirement territory fundraising laws at 2.1.1; process by which third-party support for any purpose to which this part important some for fundraising because the PFRA relies upon reference fundraisers receive applies unless— element of ‘authority’ activity to be to specified legislation or permit authorisation by charities to be imposed upon authorised conditions, it does not duplicate existing undertake face to face (a) where the appeal for support is face to face requirements; further thought needs to fundraising activity; the PFRA made for the purpose of a charity only—that charity is then registered fundraising activity, be given to how face to face appeals are however derives some as such under this Act; so as to legitimate ‘authorised’ should state and territory enforcement credibility by the activity and to laws be repealed; the PFRA suggests being able to refer to existing (b) where the appeal for support is ensure members of authorisation is granted in conjunction state and territory laws which made for the purpose referred to in the public can place with charitable registration (through the makes unauthorised face to section 9(b) to (g)—that purpose is their trust and ACNC); with registered charities given face fundraising unlawful then sanctioned under this Act. confidence in the right to authorise third-party fundraising activity fundraisers to conduct face to face when it occurs – this fundraising appeals on their behalf (with also mitigates no formal regulatory mechanism for against fraudulent doing so) fundraising activity

Existing provisions for retention Justification for ACL Self-regulatory coverage Comment Which existing provisions are operationally retention coverage Does the existing self-regulation regime important to the practice of face to face Why is the provision Does the ACL for face to face fundraising address the fundraising? significant? presently matter? address the matter? 24 Information etc. may be obtained on This is intended to Yes (in part) – Yes (in part) – the PFRA Standard The PFRA’s Standard could any aspect of an appeal for support ensure prospective the ACL requires at 2.4.2 that: Fundraisers must be amended to include Where by any provision of this part, power is donors are not includes a never knowingly mislead a member of explicit reference to providing conferred upon any person to require the misled or deceived, prohibition the public or use false information in a access to information as answering of any question or the supplying and that they receive against conversation in an attempt to obtain a reasonably requested by any of any information, or the production of any access to information misleading or donation. It is requires adherence to regulator or member of the record, or the lodgment of any return in upon request; it also deceptive General Principles (1.1) including public relation to any appeal for support, then, encourages conduct ‘Integrity and Honesty’ and without limiting the generality of the transparency in (s.18(1)), ‘Transparency’. aforegoing, that power shall be deemed to fundraising however does include power to require the answering of not include any question or the supplying of any any information, or the production of any record, requirement or the lodgment of any return, as the case regarding may be, in relation to the administration and access to management of the association (if any) information making or causing to be made the appeal for support or for whose objects or purposes the appeal is made, the receipts and expenditure associated with the appeal, and the administration management, and application of moneys and property resulting from the appeal for support. 30 Records of appeals for support Foundation principle No – there is No – the PFRA Face to Face The PFRA Standard could be underpinning the no specific Fundraising Standard does not contain expanded to include record (1) …the promoter of each appeal for management of all requirement any specific requirement however keeping requirements for support… shall keep and retain in the face to face regarding General Principles (1.1) ‘Integrity and charities and third-party promoter's custody until such time as the fundraising appeals, fundraising Honesty’ and ‘Transparency’ are fundraisers (as required); the promoter is directed or authorised by or ensuring internal controls, relevant ACNC and FIA may have under this Act to destroy, hand over, or systems and including roles here otherwise dispose of that record, a record of processes are in records of

Annex B: PFRA Membership

Charity Members Agency Members ActionAid Australia 2Evolve Amnesty International Aida for Good Assistance Dogs Australia Advanced Promotions Australia for UNHCR Apex Alliance Australian Conservation Foundation Appco Australian Red Cross Broader Business Solutions Barnardos Australia Community Collective Berry Street Cornucopia Consultancy Breast Cancer Care WA Earth Impact Marketing Bush Heritage Australia Equality Marketing Camp Quality Focus International Marketing Cancer Council NSW Fundraising Results Cancer Council SA Fundamental Worldwide Cancer Council Victoria Fusion Acquisitions Cancer Council Western Australia Global Canvasser CARE Australia Global Interactive Careflight Group Marketing Services Cerebral Palsy Alliance Karma Fundraising ChildFund Australia Lamre Investments Children's Cancer Institute Australia PCA Group Environment Victoria Pro Fundraising Services Foodbank NSW & ACT Public Outreach Foodbank Victoria Sai Asia Pacific FOUR PAWS Australia Succurro Marketing Greenpeace Australia Pacific Surge Direct Guide Dogs NSW and ACT TeamWork Enterprises House With No Steps The Fin Agency Make a Wish Australia The Fundraising People Mater Foundation The Rainforest Project McGrath Foundation Xplore Services Mission Australia Médecins Sans Frontières Australia National Breast Cancer Foundation

Oxfam Australia Peter MacCallum Cancer Foundation Plan International Australia Ronald McDonald House Charities Royal Flying Doctor Service South East Royal Flying Doctor Service Victoria RSPCA NSW Starlight Children's Foundation Stroke Foundation Taronga Conservation Society Australia The Fred Hollows Foundation The Heart Research Institute The Nature Conservancy The Smith Family The Wilderness Society UN Women National Committee Australia UNICEF Australia Victor Chang Cardiac Research Institute Vision Australia / Seeing Eye Dogs Australia Water Aid Australia Wesley Mission World Animal Protection WWF Australia